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IN RE MARRIAGE OF McELROY

No. 94CA0957.

905 P.2d 1016 (1995)

In re the MARRIAGE OF Ronald D. McELROY, Appellee, and Donna M. McElroy, Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing September 14, 1995.

Attorney(s) appearing for the Case

F.R. Pamp, Colorado Springs, for appellee.

John D. Braun, Colorado Springs, for appellant.

Opinion by Judge ROTHENBERG.

There are two primary issues in this appeal by Donna M. McElroy (wife) from a post-dissolution of marriage action: (1) whether the trial court had jurisdiction to award wife a portion of the special separation benefits (SSB) received by former husband, Ronald D. McElroy (husband), upon his voluntary discharge from the Air Force, or whether the court was preempted by federal legislation from doing so; and (2) if the court was not preempted...

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